SH. TARUN MAHAJAN,NEW DELHI vs. ITO, NEW DELHI

PDF · subscribers
ITA 1869/DEL/2014Status: DisposedITAT Delhi03 May 2017AY 2009-103 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) failed to pass a reasoned order as required by Section 250(6) of the Income Tax Act. The order of the CIT(A) was not sustainable in law.

What were the facts?

The assessee challenged an addition made under Section 68 of the Income Tax Act. The CIT(A) dismissed the assessee's appeal without providing any reasons, despite the assessee seeking an adjournment.

What were the issues?

Whether the CIT(A) is required to pass a reasoned order even if the assessee does not appear. Whether an appellate order without reasons is sustainable in law.

Which sections of the Income-tax Act were involved?

Section 68,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH - ‘D’ NEW DELHI

Before: SHRI N.K. SAINI & SHRI BHAVNESH SAINI

For Appellant: Shri Naveen Chandra, CIT, DR
Hearing: 03/05/2017Pronounced: 03/05/2017

This appeal by the assessee has been directed against the order of Ld.CIT(A)- XXIII, New Delhi dt. 13.01.2014 for the Assessment Year 2009-10.

2.

In this appeal the assessee challenged the addition u/s 68 of the I.T. Act.

3.

None appeared on behalf of assessee despite notifying the date of hearing.

4.

After hearing Ld. DR, we are of the view the matter requires reconsideration at the level of Ld. CIT(A). Ld. CIT(A) noted in the impugned order that assessee sought adjournment but none appeared on the date of hearing and no written submission was filed. Ld. CIT(A) in absence of assessee dismissed the appeal of assessee without passing reasoned order. According to Section 250(6) of I.T. Act, Ld. CIT(A) is required to mention reasons for decision in the appellate order while deciding the appeal of assessee. Therefore even if assessee may or may not appear before Ld. CIT(A), Ld. CIT(A) is required to pass a reasoned order giving reasons for decision in the order. The order of Ld. CIT(A) did not contained any reasons for decision. Therefore same cannot be sustained in law.

5.

We accordingly set aside the orders of Ld. CIT(A) and restore the appeal of assessee to his file with direction to redecide the appeal of assessee on merits by giving reasons for decisions in the appellate orders by giving reasonable sufficient opportunity of being heard to the assessee.

6.

In the result appeal of the assessee is allowed for statistical purpose.

Pronounced in the Open Court on 3.5.2017.

More judgments on Section 68

All 29,931 judgments and leading authorities on Section 68 →

Recent GST High Court judgments

Search GST case law →